Hello ...

A warm welcome goes out to all my brand new Arizona clients and newsletter subscribers! A very "special" thank you also goes out to Judith Flint who upon her recent retirement introduced me to her portfolio of clients, each of which has been a joy to meet. It is my pleasure to take over for Judith and I again welcome 'you' to HR Tips & Tools!

Summer is often a time for changes, such as Judith's retirement. It is also a time when activities tend to slow down, giving us an opportunity to catch our breath and put a few things in order. Accordingly a few "must do's" are covered in this month's Tips & Tools ... just in case they may have slipped your mind in the previous busy months.

I also chose "Greening The Workplace" as the main article this month. Going green is becoming very popular for company economics, PR, marketability, and more. Summer is a great time to put some "going green" ideas in place and I've got some great ideas that are easy for you to take action on!

Let's begin with a few reminders ....

1. Minimum Wage:
    
   The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
   
   Don't forget to change your minimum wage poster if the new rate is not reflected. To download a copy, go to:
   http://www.dol.gov/esa/whd/regs/compliance/posters/flsa.htm.

 


2. Sexual Harassment Training is Mandatory in California
    
   California is one of only three states in the country that require mandatory sexual harassment prevention training for supervisors. Of those three, Connecticut and Maine are the other two, the rules for California employers are the most detailed. Failure to adequately train supervisors can become evidence in a lawsuit that an employer hasn't taken "all reasonable and necessary steps" to prevent sexual harassment.
   
   Passed in 2004, A.B. 1825 requires that every employer with 50 or more full-time, part-time, or temporary employees (including independent contractors) working in California must provide every supervisor with 2 hours of sexual harassment training every two years. New or recently promoted supervisors must be provided the training within 6 months of taking on supervisory duties. A "supervisor" is anyone who has supervisory authority over one or more other employees, and includes management at the highest levels.
   
   In order for sexual harassment training provided to supervisors to be compliant it must be either a classroom program or other "interactive education," and address both state and federal sexual harassment laws. The training must also provide practical examples of prohibited conduct, explain the remedies available to victims of sexual harassment, and generally cover discrimination and retaliation as well. In addition, the training must be provided by qualified educators with extensive knowledge of harassment, discrimination and retaliation laws.
   
   Employers are required to track and keep records of all sexual harassment training provided to each supervisory employee.
   
   Note: If it has been 2 years since you provided this training for your employees, or if you have never provided the training, contact MJ Management Solutions. We can bring the training on-site or through a Webinar if your managers and supervisors are not all located in the same place.


 


3. Rule No. 1 for Employee Evaluations: The employer not the employee sets the standards
    
   Some employees think they know their jobs better than their supervisors do. They want to decide which parts of their jobs are important and which parts are not.
   
   Then, when employee evaluation time rolls around, they try to show that they achieved their own goals for their jobs even though management wanted other goals met. Then they argue that they shouldn't be disciplined or held to the stated goals.
   
   Don't let this happen. It's management's prerogative to run the business and decide what is important. Discipline employees who insist on doing things their way if that isn't what the company wants.
   
   A good performance review can, when used correctly, be your single most effective tool to assess past work AND set future goals.
   
   

   Recent case: Katrina Brown, who is African American, worked as a nursing services manager for a hospital. Her supervisor gave her a performance review that highlighted several goals for the year. Brown didn't achieve those goals. When counseled, she insisted her supervisor didn't understand what her job's goals should be. This continued for several performance review cycles until the hospital gave Brown the choice of termination or resignation. She resigned and sued, alleging race discrimination. The case was dismissed after the hospital listed the goals Brown hadn't met. Brown tried to argue that she had met her own goals, goals she said represented what her job really was. The court said she didn't have that option. The employer has the right to decide which parts of a job are important. (Brown v. Ohio State University, No. 2:07-CV-479, SD OH, 2009) Source: HR Specialist

   
   
   Note: If you are not conducting performance reviews for your employees at least annually, give it serious consideration. For simple tools to accomplish reviews, check out our HR WebForms™

I hope these reminders have been helpful. Now, before going on to our main article, test your legal sharpness!

This Month's Quiz! Minors Driving On The Job
 

An employer hires a 17 year-old employee. The employee's job involves driving during daylight hours in a vehicle of less than 6,000 pounds. Under federal law, what is the maximum amount of time in a workweek the employee can spend driving? A) 20% of the work time in any workweek B) 10% of the work time in any workweek C) 50% of the work time in any workweek D) 70% of the work time in any workweek E) Trick question. Federal law doesn't allow 17-year-old employees to drive on the job. Answers are found at the bottom of our main article.